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Peck v. State

United States District Court, D. Nevada

April 1, 2019

FRANK PECK, Plaintiff,
v.
STATE OF NEVADA, et al., Defendants.

          ORDER FIRST AMENDED COMPLAINT [ECF NO. 40]

          CAM FERENBACH, UNITED STATES MAGISTRATE JUDGE

         Before the Court is Plaintiff Frank Peck's First Amended Complaint. (ECF No. 40). For the reasons discussed below, Plaintiff may proceed in this action. The First Amended Complaint, as limited by this Order and the Court's previous screening Order (ECF No. 6), is the operative complaint.

         BACKGROUND

         Plaintiff Frank Peck's original complaint was screened and filed on July 5, 2018. (ECF Nos. 6, 7). The complaint listed six counts against 17 Defendants. (ECF No. 7). The Court held that Plaintiff could proceed on the following claims:

1. All portions of Count I alleging denial of access to the courts due to the restrictions in AR 740, access to public records, refusal to copy evidence, training staff fraudulently defeating Peck's attempts at exhaustion of his claims, and reduction in law library time;
2. The portions of Count II alleging due process violations for disciplinary hearings based on false statements by the Defendants and alleging retaliation;
3. Count III alleging denial of access to the courts;
4. All portions of Count V alleging an equal protection violation and alleging an Eighth Amendment violation; and
5. Count VI alleging denial of the right of access to the courts.

(ECF No. 6 at 23-25). The Court dismissed the following Defendants and claims with prejudice:

1. Defendants State of Nevada ex rel., the Nevada Department of Corrections, the Board of Prison Commissioners, and Judge Wiese;
2. The portions of Count II alleging a due process violation regarding implementing level classifications pursuant to AR 516, prison transfers from 2009-2010, and Peck's listed grievances; and
3. Count IV.

(Id.). ...


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